Sheriff Negligent in 'Boys Don't Cry' Death

A former sheriff was negligent for not
protecting a cross-dressing woman who was murdered in the case that
inspired the movie Boys Don't Cry, the Nebraska Supreme Court
ruled today.

In a scathing, 20-page opinion, Chief Justice John Hendry
ordered a lower court to award the victim's mother $80,000 and
refigure damages for emotional distress.

The ruling reversed an earlier decision that said Teena Brandon,
who often dressed as a man and went by the alias Brandon Teena, was
partly responsible for her own death.

Sheriff Charles Laux was more concerned with Brandon's sexuality
than he was with keeping her safe after she had reported she was
raped, Hendry said.

Brandon, 21, was posing as a young man and using the alias
Brandon Teena in 1993 when two acquaintances, John Lotter and
Marvin Nissen, learned her true gender. She told the sheriff they
had raped her, and about a week later, they killed her in a
Humboldt farmhouse, along with two others who witnessed her death.

‘Demeaning, Accusatory and Intimidating Treatment’

Brandon's mother, Joann Brandon, sued the sheriff for more than
$350,000, saying he should have offered her daughter protective
custody. The district judge awarded $17,360.

Joann Brandon's lawyer, Herb Friedman, hailed the ruling.

"It's clear that this young woman was tormented not only by the
people that killed her, but tormented by a local sheriff who simply
did not understand anything about her," Friedman said. "He
brutalized her. That should not be condoned in a civilized
society."

Attorney Richard Boucher, who represented Laux and Richardson
County in the case, declined immediate comment.

In the ruling, Hendry said Laux showed indifference to the rape
allegation by referring to Teena Brandon as "it" and not
immediately arresting the two suspects, who had threatened to kill
her if she reported the rape.

Hendry said Laux's tone on the tape-recorded interview was
"demeaning, accusatory and intimidating."

Story Spawns Movie, Documentary

The 1999 movie Boys Don't Cry earned Hilary Swank an Academy
Award for best actress for her portrayal of Teena Brandon. The
slaying also was the subject of a 1998 documentary, The Brandon
Teena Story.

Lotter received three death sentences for the killings and is
awaiting execution in the state's electric chair. Nissen, in a deal
with prosecutors, testified against Lotter and was sentenced to
life in prison.